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76.244 Engineering report, when filed -- Construction subdistrict may be
abolished, when.
(1)
(2)
(3)
The report described in KRS 76.243 shall be made and filed within one (1) year
of an order made under KRS 76.241 which establishes the construction
subdistrict or the order made under KRS 76.241 shall be deemed to have been
one dismissing the petition and it shall be deemed to have been dismissed at
the end of the one (1) year period.
If, based on the report described in KRS 76.243, the board decides the
proposed sewer or drainage construction, or both, is not technically and
economically feasible, the board may make an order abolishing the
construction subdistrict, which shall be published pursuant to KRS Chapter 424
and which may be appealed in the manner described in KRS 76.247. If the
board finds that such construction may be made feasible by deleting portions of
the subdistrict area, it may delete such area or areas by amending the order
made under KRS 76.241 (2); provided, however, that at least twenty-five
percent (25%) of the freeholders of land included in the remaining area must
have petitioned for the creation of the subdistrict.
If the board should determine that a proposed construction subdistrict sewer or
drainage construction project, once found to be feasible, should no longer
appear to be feasible, or should a change in circumstances make it appear that
some alternative to a construction subdistrict represents a more desirable and
feasible way of undertaking such sewer or drainage construction, then the
board, in its sole discretion, may make an order abolishing the construction
subdistrict, which order shall be published pursuant to KRS Chapter 424 and
which may be appealed in the manner described in KRS 76.247. In referring to
KRS 76.247, this section is not intended to provide for de novo trial.
History: Amended 1968 Ky. Acts ch. 156, sec. 7. -- Created 1964 Ky. Acts ch. 33,
sec. 15.
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